venue – laccp

Question 1

ordinary rules

where is venue proper for an individual domiciliary

Answer 1

parish of domicile

Question 2

ordinary rules

where is venue proper for an individual that is a resident, but not a domiciliary

Answer 2

parish of residence

Question 3

ordinary rules

where is venue proper for an individual that is a nonresident with an agent

Answer 3

the parish of the agent’s PO box

Question 4

ordinary rules

where is venue proper for an individual that is a nonresident and has no agent in the state

Answer 4

parish of plaintiff’s domicile or where service was rendered

Question 5

ordinary rules

where is venue proper for a domestic corporation/LLC entity

Answer 5

parish of registered office

Question 6

ordinary rules

where is venue proper for a foreign corporation/LLC that is licensed to do business in the state

Answer 6

parish of the principal business establishment indicated on the application, and if there’s no PB, then PPB

Question 7

ordinary rules

where is venue proper for an LLC or corporation that is foreign and not licensed to do business in the state

Answer 7

parish of plaintiff’s domicile or where service is rendered

Question 8

ordinary rules

where is venue proper for a domestic insurer

Answer 8

parish of registered office

Question 9

ordinary rules

where is venue proper for a foreign/alien insurer

Answer 9

east baton rouge

Question 10

ordinary rules

where is venue proper for partnerships and unincorporated associations

Answer 10

parish of place of business establishment

Question 11

exceptions to general rules

where is venue proper when D has changed domicile

Answer 11

suit can be filed in old domicile for up to one year after change, or new domicile

D can cut this off by filing declaration of intent to change domicile

Question 12

exceptions to general rules

where is venue proper to joint or solidary obligors

Answer 12

parish where domicile is proper to one under the general rules is proper to all

Question 13

exceptions to general rules

where is venue proper in a tort action against joint or solidary obligors

Answer 13

can be brought in plaintiff’s domicile if one is an insurance company and venue is proper to the company or if jurisdictionw as obtained over a D under long arm

Question 14

exceptions to general rules

where is venue proper for a tort suit

Answer 14

1. where damages sustained
2. where wrongful conduct occurred
3. where D is domiciled

Question 15

exceptions to general rules

where is venue proper for a contract action

Answer 15

1. where contract was executed
2. where any service was, or was going to be, performed

Question 16

exceptions to general rules

where is venue proper for an action against a person having a business office on a matter over which that office had supervision

Answer 16

where the office is located

Question 17

exceptions to general rules

where is venue proper for immovable property

Answer 17

where immovable property is located or defendant is domiciled

Question 18

how can venue be waived

Answer 18

if a proper declinatory exception is not raised prior to making a general appearance or confirmation of default

Question 19

who must raise a declinatory exception to object to venue

Answer 19

defendant must raise; court will not raise on its own motion

Question 20

what happens if there are conflict(s) between the venue rules

Answer 20

• if preferred rules conflict with general rules or any of the optional rules, the preferred rule governs exclusively
• If there’s a conflict between any of the preferred rules or between general rules or optional, plaintiff may choose

Question 21

what are the consequences of improper venue

Answer 21

court may dismiss the suit, or in the interest of justice, transfer to a court of proper venue

Question 22

what is the doctrine of forum non conveniens

Answer 22

allows a court to transfer a suit, though venue is proper, to a parish where suit might have been brought if:

1. necessary for the convenience of the parties and witnesses; and
2. in the interest of justice

Question 23

what is the result of failing to file a declinatory exception in relation to forum non conveniens

Answer 23

will not prevent this from being filed, but it must be brought within a reasonable amount of time

Question 24

what is the exception for forum non conveniens

Answer 24

no suit brought in the parish of P’s domicile, in a court of competent jurisdiction, and where venue is proper, may be transferred for forum non conveniens

Question 25

what is the effect on prescription if the plaintiff filed the action in the wrong venue

Answer 25

will interrupt prescription if service is made within the prescriptive period

Question 26

nonwaivable venue

where must an action to annul a judgment be brought

Answer 26

in the trial court that rendered the judgment

Question 27

nonwaivable venue

where must a succession proceeding be brought

Answer 27

1. where decedent was domiciled
2. if not domiciled in La., where they owned immovable property
3. last resort –where defendant owned movable property

Question 28

nonwaivable venue

where must an action for annulment or divorce be filed

Answer 28

where either spouse is domiciled or in the parish of matrimonial domicile

Question 29

nonwaivable venue

where must an action for emancipation be brought

Answer 29

where party is domiciled

Question 30

nonwaivable venue

where must an interdiction proceeding be brought

Answer 30

where interdict is domiciled or, if not domiciled, where he resides; last resort would be where he may be found